KOLI JAGA RANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant who is the original accused in Sessions Case No. 122 of 1990 on the file of the Court of the Addl. Sessions Judge, Junagadh, has approached this Court in appeal through jail against the order of conviction and sentence passed on 26-2-1991, for the offences punishable under Ss. 342 and 376 I.P.C. The appellant was charged and convicted for confining the prosecutrix Vijaya and committing rape without the consent and against the will of Vijaya.

(2.) The case of the prosecution was that the complainant Kunverben, widow of Soma Pancha was staying at village Ankolwadi situated in District Junagadh. Her husband expired eight years before the incident and that she was having two sons and two daughters. According to the prosecution, on 19-7-1990 the complainant Kunverben had gone to village Nageshri and when she retuned to Akolwadi, on 92-7-1990, she was informed by her youngest daughter Bena that on 19-7-1990 she and her sister Vijaya had gone to the field of Bachubhai Soni for labour work along with the present accused Jaga who is the brother of Bhaga Rama, as the brother of Jaga i.e. Bhaga had hired the field of Bachubhai Soni. According to the prosecution, at about 10 a.m. Jaga had stated to Vijaya to prepare loaves at the room situated in the Wadi and, therefore, Vijaya had gone for preparing loaves. Bhaga had gone to another field and Bena and the accused were ploughing the field. According to the prosecution, after one hour or so the accused said to Bena that he is going to take grass for the bullocks and then went to the room where Vijaya was preparing loaves. It is further the case of the prosecution that within short time shouts of Vijaya came from the room to save her and, therefore, Bena went there running. At that time, the brother of the accused, viz. Bhaga also reached at the room. The doors of the room were got opened and Vijaya and the accused came out. Vijaya was weeping and said to Bhaga and Bena that the accused threw her and eventhough she resisted, the accused committed sexual act. It is the case of the prosecution that Bhaga said to Bena and Vijaya not to disclose this incident to anybody. It is further the case of the prosecution that till both the sisters viz. Bena and Vijaya worked in the field and returned to their house at night. It is the case of the prosecution that on knowing about the incident, the complainant Kunverben tried to call Jaga to her house through Fulabhai, but the accused did not turn up. On 26-7-1990 at 11-45 a.m. the complaint was lodged at Talala Police Station with regard to the present incident. After completing the investigation, the police submitted the charge-sheet in the Court of the learned Judicial Magistrate, F.C., Veraval and thereafter the Court of the learned Judicial Magistrate, F. C., Veraval committed the case to the Court of Session.

(3.) The accused pleaded not guilty to the charge and after recording the evidence, the Court of the learned Addl. Sessions Judge, Junagadh convicted the accused for the offences punishable under Ss. 342 and 376 I.P.C. and sentenced him to suffer rigorous imprisonment for six months and fine of Rs. 1000/- and in default, rigorous imprisonment for two months for the offence punishable under S.342 I.P.C. and imposed rigorous imprisonment for seven years and fine of Rs. 1500/- and in default, rigorous imprisonment for one year for the offence punishable under S. 376 I.P.C.